Robson Crim Legal Blog

One of the most fundamental questions to the functioning of justice is what is a just punishment for a crime? The Manitoba Court of Appeal decision in the case of R. v. Siwicki addresses this important issue and puts into question the purpose of sentencing. According to the Criminal Code of Canada “The fundamental purpose of sentencing it so to protect society and to contribute, along with crime prevention initiatives, for the law and the maintenance of a just, peaceful and

The accused, Javanmardi, has a naturopathic clinic in Quebec and Roger Matern was a new patient. Matern was 84 years old and had heart disease. Matern wanted to try an alternative form of treatment as other methods were not satisfactory for him in the past. Javanmardi used a nutrient solution in an intravenous injection for Matern who experienced immediate side effects: he felt hot and nauseous. Doctors discovered Matern was suffering from endotoxic shock. Javanmardi was char

A majority of the Supreme Court of Canada issued a decision on s. 11(i) of the Canadian Charter of Rights and Freedoms that conflicts with 30 years of Canadian jurisprudence.[1] In R v Poulin, the SCC held that s. 11(i) confers a binary, not global right. As a result, the defendant was entitled to the lesser of two sentences, either the one which was in effect when the offence was committed or the one available at the time of sentencing, but not to any that were available in

This case is brought to the court on appeal from the trial judge’s finding in favour of the plaintiff, who found a breach of s 2 (b), 7 and 15 of the Charter, then onto the Court of Appeal of who allowed the appeal on the basis that they found the police had authority under the ancillary powers doctrine at common law to arrest Mr. Fleming for an anticipated breach of the peace.

Peremptory challenges to jurors have recently become a contentious issue in Canadian criminal law practice.